Related Information

US Cross-border Litigation

Businesses are increasingly facing cross-border litigation as they expand their reach into additional jurisdictions across the globe. As Canada and the US enjoy the world’s largest trade partnership, much of our work is focused on helping US and Canadian clients seeking to establish, sell or invest in companies across the US/Canada border. Lawson Lundell has a busy US cross-border practice, helping our clients navigate the challenges and opportunities of doing business in Canada. We also serve as a trusted partner to attorneys in the United States and are regularly called upon to advise their clients on Canadian legal issues.

We assist our clients with the enforcement of foreign orders and judgments in Canada and connect them with foreign attorneys to enforce Canadian orders abroad. We advise on the acquisition and sale of all types of businesses in Canada. We provide advice on capital raising including public and private, debt and equity, project finance, asset-based, and other forms of financing. We act in cross-border joint ventures, investments and real estate and other commercial transactions. In addition, we represent clients from jurisdictions around the world in various litigation and other adversarial proceedings. We routinely assist US counsel in enforcing letters rogatory in British Columbia.

Our corporate finance and securities group regularly advises businesses on all aspects of compliance with Canadian securities laws, including securities registration and listing and reporting and compliance requirements.

Our dedicated project team, with nationally and internationally recognised expertise in Aboriginal, Energy, and Environmental regulatory frameworks, provides our global clients with regulatory advice on their proposed Canadian projects. We have assisted our US clients with arbitrations, tribunals and regulatory hearings.

Represented a US company as well as individuals who invested with a company that is
incorporated in Canada with regards to proxy contests, oppression and
derivative actions

Helping Foreign
Businesses Expand to Canada

Advised a utility services
company considering entering the Canadian sub-metering market

We frequently provide
legal opinions to US companies regarding Canadian regulatory requirements

Regulatory Proceedings

Advised US financiers on
regulatory proceedings in BC related to US acquisitions of BC utilities

Insolvency Proceedings

Enforcement of foreign
judgments for realization against assets located in British Columbia and
Canada

Cross Border Insolvency
matters, including Chapter 15 recognition of US bankruptcy proceedings as
the foreign main proceedings

Implementation of
Protocols for joint management of cross-border insolvencies, restructurings
and receiverships

Defence of avoidance actions
involving Canadian parties

Acted for a counter-party
to an International Swap Dealers Association agreement in resolving
jurisdictional disputes regarding the proper forum in respect of the ISDA
swap agreement involving concurrent proceedings in the BC Supreme Court
and the English High Court (In the Matter of North American Steamship
Inc., 2007 BCSC 267)

Counsel for Receiver over
three Canadian limited partnerships which raised funds for real estate
investments in the USA. Total funds
raised by these entities exceeded $300 million

Counsel for the
court-appointed Receiver-Manager of the general partner of four limited
partnerships that were involved in the ownership and development of
several residential, multi-unit complexes situated in the United States.
The realization of the assets has involved insolvency proceedings in
British Columbia and the United States

Advised in The Matter of
Pope & Talbot, a cross-border insolvency proceeding in which we acted
for former employees in a claim against Pope & Talbot’s directors and
the D& O insurers for unpaid wages.
The case involved multiple joint hearings by video conference with
the Delaware bankruptcy court and the BC Supreme Court

Insurance

Represented a large
international engineering firm in an action involving claims against
insurers arising out of the construction of a mine in South America

Represented several
international mining companies in respect of claims against insurers for
indemnity against historical environmental claims

Arbitrations

Successfully represented
an international mining client in a private arbitration concerning an option
agreement related to an exploration property located in Africa

Represented an American
corporation that purchased a culinary school in Vancouver in an
arbitration that dealt with issues relating to the purchase agreement